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august 1968

Supreme Court of India · 1968-08-13

STATE OF KERALA vs HAJI K. HAJI K. KUTTY NAHA & ORS. ETC.

Citation / case number
SC 1968/60171
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
HAJI K. HAJI K. KUTTY NAHA & ORS. ETC.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the Kerala Buildings Tax Act, 1961, Section 4, which imposed a tax solely based on floor area without rational classification, violated Article 14 of the Constitution. The Court emphasized that a taxing statute must not only be within legislative competence but also consistent with constitutional provisions, particularly fundamental rights. The High Court's ruling declaring the tax invalid was upheld, as the Act failed to consider relevant factors affecting taxation, leading to discrimination.

STATE OF KERALA vs HAJI K. HAJI K. KUTTY NAHA & ORS. ETC. · Niyam